§§9,10

C. 45:8B-41.1

&

45:8B-41.2

P.L. 1997, CHAPTER 155, approved July 3, 1997

Senate, No. 671 (Second Reprint)

An Act concerning the licensure of professional counselors ¹[and],¹ associate counselors ¹, and rehabilitation counselors¹ and amending ¹the title and body of and supplementing¹ P.L.1993, c.340.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    ¹1. The title of P.L.1993, c.340 is amended to read as follows:

An Act to license professional counselors [and], associate counselors and rehabilitation counselors and amending and supplementing Chapter 8B of Title 45 of the Revised Statutes.¹

(cf: P.L.1993, c.340, Title)

    ¹2. Section 2 of P.L.1993, c.340 (C.45:8B-35) is amended to read as follows:

    2. The [profession] professions of counseling and rehabilitation counseling in the State of New Jersey [is] are determined to affect the public safety and welfare, and to be subject to regulation and control in the public interest in order to protect the public by setting standards of qualification, education, training, and experience for those persons seeking to practice and be licensed as professional counselors [and] , associate counselors and rehabilitation counselors.¹

(cf: P.L.1993, c.340, s.2)

    ¹3. Section 3 of P.L.1993, c.340 (C.45:8B-36) is amended to read as follows:

    3. As used in this act:

    "Board" means the State Board of Marriage and Family Therapy Examiners.

    "Committee" means the Professional Counselor Examiners

Committee.

    "Counseling" means offering to assist or assisting, for a fee or other compensation, an individual or group through a counseling relationship to develop an understanding of interpersonal and intra personal problems and to plan and act on a course of action to restore optimal functioning to that individual or group but does not mean rehabilitation counseling.

    "Counseling specialty" means a field of specialization in which counseling takes place and which has been designated as a counseling specialty by the committee.

    "Licensed associate counselor" means an individual who holds a current, valid license as a licensed associate counselor pursuant to this act and who practices counseling under the direct supervision of a licensed professional counselor or a supervisor acceptable to the committee.

    "Licensed professional counselor" means an individual who holds a current, valid license as a licensed professional counselor pursuant to this act.

    "Licensed rehabilitation counselor" means an individual who holds a current, valid license as a licensed rehabilitation counselor pursuant to this amendatory and supplementary act.

    "Rehabilitation counseling" means offering to assist or assisting, for a fee or other compensation, an individual through a rehabilitation counseling relationship to develop an understanding of the personal, social and vocational impact of their disabilities and to plan and implement a rehabilitation program, which may include training to help the person become more independent and employable.¹

(cf: P.L.1995, c.366, s.18)

    ¹4. Section 4 of P.L.1993, c.340 (C.45:8B-37) is amended to read as follows:

    4. There is established a committee of the board to be known as the Professional Counselor Examiners Committee. The committee shall consist of [five] six residents of this State, four of whom shall be licensed professional counselors engaged primarily in the practice of counseling [and] , one of whom shall be a licensed professional counselor engaged primarily in teaching, training or research in counseling and one of whom shall be a licensed rehabilitation counselor primarily engaged in the practice of rehabilitation counseling.

    The members of the committee shall be appointed by the Governor for terms of three years, except that the terms of the first [five] six members of the committee shall be as follows: one member for a term of one year, two members for a term of two years, and [two] three members for a term of three years. A member of the committee shall not be eligible to succeed himself more than once. Vacancies shall be filled for the unexpired term in the manner provided by the original appointment. The Governor may remove any member of the board for cause, upon notice and opportunity to be heard.

    The first appointees shall become licensed as soon as practicable after their appointments.

    Members of the committee shall receive no compensation for their services, but may be reimbursed for all necessary expenses incidental to performance of their duties as members of the committee.

    The committee shall annually elect from its members a chairperson and a vice-chairperson.

    Regular meetings of the committee shall be held at least once during each quarter of the year and special meetings may be held upon the call of the chairperson or the vice-chairperson in the chairperson's absence. [Three] Four members of the committee shall constitute a quorum and no action shall be taken at a meeting without at least [three] four votes in accord.¹

(cf: P.L.1993, c.340, s.4)

    ¹5. Section 5 of P.L.1993, c.340 (C.45:8B-38) is amended to read as follows:

    5. The committee is authorized to: administer examinations required pursuant to this act; review the content and duration of courses of study offered by colleges and universities for degrees in counseling or rehabilitation counseling, and to establish and maintain a register of colleges and universities whose curricula in counseling or rehabilitation counseling are approved by the committee or an accrediting body acceptable to the committee; establish and maintain a list of recognized subjects and courses of study; and establish minimum requirements therefor which shall be acceptable to the board and the committee.

    In addition to those records of proceedings and applicants established by the board, the committee shall keep a record of its proceedings and a record of all applicants for licensure, showing for each whether the application is for a license as a licensed professional counselor [or] , licensed rehabilitation counselor, licensed associate counselor or a counseling specialty, the date of application, name, age, education, and other qualifications, place of practice and place of residence, and whether the applicant was rejected or a license or specialty granted, and the date of that action.¹

(cf: P.L.1993, c.340, s.5)

    ¹6. Section 6 of P.L.1993, c.340 (C.45:8B-39) is amended to read as follows:

    6. a. No person shall engage in the practice of counseling as a licensed professional counselor or licensed associate counselor or represent or hold himself out as a licensed professional counselor or licensed associate counselor unless licensed pursuant to this act. No person licensed as a professional counselor or an associate counselor shall engage in the practice of rehabilitation counseling unless licensed as a rehabilitation counselor pursuant to this amendatory and supplementary act.

    b. No person shall engage in the practice of rehabilitation counseling as a licensed rehabilitation counselor or represent or hold himself out as a licensed rehabilitation counselor unless licensed pursuant to this amendatory and supplementary act. No person licensed as a rehabilitation counselor shall engage in the practice of professional counseling unless licensed as a professional counselor pursuant to section 7 of P.L.1993, c.340 (C.45:8B-40).¹

(cf: P.L.1993, c.340, s.6)

    ¹[1.] 7.¹ Section 7 of P.L.1993, c.340 (C.45:8B-40) is amended to read as follows:

    7. Each person applying for licensure as a licensed professional counselor shall make application therefor to the board on the form and in the manner the committee prescribes and the board shall immediately refer each application to the committee for appropriate action. Each applicant shall furnish evidence satisfactory to the committee that he:

    a. Is at least 18 years of age;

    b. ¹Is of good moral character;

    c.¹ Has [completed a minimum of 60 graduate semester hours in a planned educational program, which includes a master's degree or doctorate in counseling from a regionally accredited institution of higher education, of which 45 graduate semester hours are distributed in at least eight of the following areas:

    (1) Counseling theory and practice;

    (2) The helping relationship;

    (3) Human growth and development and maladaptive behavior;

    (4) Lifestyle and career development;

    (5) Group dynamics, processes, counseling, and consulting;

    (6) Appraisal of individuals;

    (7) Social and cultural foundations;

    (8) Research and evaluation;

    (9) The counseling profession] ¹[received a master's degree or doctorate from a regionally accredited institution of higher education, in subject matter which is primarily counseling in content and which meets the academic and training content standards established by the committee and the board, or the substantial equivalent in both subject matter and extent of training. The committee and the board shall use the standards of appropriate professional counseling associations as determined by the committee and the board as a guide in establishing the training standards for counselor licensure] completed a minimum of 60 graduate semester hours in a planned educational program, which includes a master's degree or doctorate in counseling from a regionally accredited institution of higher education, of which 45 graduate semester hours are distributed in at least eight of the following areas:

    (1) Counseling theory and practice;

    (2) The helping relationship;

    (3) Human growth and development and maladaptive behavior;

    (4) Lifestyle and career development;

    (5) Group dynamics, processes, counseling, and consulting;

    (6) Appraisal of individuals;

    (7) Social and cultural foundations;

    (8) Research and evaluation;

    (9) The counseling profession¹;

    ¹[c.] d.¹ Has had at least three years of supervised full-time counseling experience in a professional counseling setting acceptable to the committee, one year of which may be obtained prior to the granting of the master's degree. The committee shall establish criteria for determining the qualifications and status which may constitute supervised counseling experience. An applicant may eliminate one year of the required supervised counseling experience by substituting 30 graduate semester hours beyond the master's degree if those graduate semester hours are clearly related to counseling and are acceptable to the committee. In no case, however, may the applicant have less than one year of supervised professional counseling experience after the granting of the master's degree; and

    ¹[d.] e.¹ Has passed the National ¹[Certified]¹ Counselor Examination of the National Board for Certified Counselors ¹[or the Certified Rehabilitation Counselor Examination by the Commission on Rehabilitation Counselor Certification]¹.

(cf: P.L.1993, c.340, s.7)

    ¹[2.] 8.¹ Section 8 of P.L.1993, c.340 (C.45:8B-41) is amended to read as follows:

    8. Each person applying for licensure as a licensed associate counselor shall make application therefor to the board on the form and in the manner the committee prescribes and the board shall immediately refer each application to the committee for appropriate action. Each applicant shall furnish evidence satisfactory to the committee that he:

    a. Is at least 18 years of age;

    b. ¹Is of good moral character;

    c.¹ Has [completed a minimum of 60 graduate semester hours in a planned educational program, which includes a master's degree or doctorate in co

unseling from a regionally accredited institution of higher education, of which 45 graduate semester hours are distributed in at least eight of the following areas:

    (1) Counseling theory and practice;

    (2) The helping relationship;

    (3) Human growth and development and maladaptive behavior;

    (4) Lifestyle and career development;

    (5) Group dynamics, processes, counseling, and consulting;

    (6) Appraisal of individuals;

    (7) Social and cultural foundations;

    (8) Research and evaluation;

    (9) The counseling profession] ¹[received a master's degree or doctorate from a regionally accredited institution of higher education, in subject matter which is primarily counseling in content and which meets the academic and training content standards established by the committee and the board, or the substantial equivalent in both subject matter and extent of training. The committee and the board shall use the standards of appropriate professional counseling associations as determined by the committee and the board as a guide in establishing the training standards for counselor licensure] completed a minimum of 60 graduate semester hours in a planned educational program, which includes a master's degree or doctorate in counseling from a regionally accredited institution of higher education, of which 45 graduate semester hours are distributed in at least eight of the following areas:

    (1) Counseling theory and practice;

    (2) The helping relationship;

    (3) Human growth and development and maladaptive behavior;

    (4) Lifestyle and career development;

    (5) Group dynamics, processes, counseling, and consulting;

    (6) Appraisal of individuals;

    (7) Social and cultural foundations;

    (8) Research and evaluation;

    (9) The counseling profession¹; and

    ¹[c.] d.¹ Has passed ¹[an examination approved by the committee] the National Counselor Examination of the National Board for Certified Counselors¹.

(cf: P.L.1993, c.340, s.8)

    ¹9. (New section) Each person applying for licensure as a rehabilitation counselor shall make application therefor to the board on the form and in the manner the committee prescribes and the board shall immediately refer each application to the committee for appropriate action. Each applicant shall furnish evidence satisfactory to the committee that he:

    a. Is at least 18 years of age;

    b. Is of good moral character;

    c. Has completed a planned educational program in rehabilitation counseling approved by the committee, which includes a master's degree in rehabilitation counseling from a regionally accredited institution of higher education;

    d. Has had at least three years of supervised full-time rehabilitation counseling experience in a rehabilitation counseling setting acceptable to the committee, one year of which may be obtained prior to the granting of the master's degree. The committee shall establish criteria for determining the qualifications and status which may constitute supervised rehabilitation counseling experience. An applicant may eliminate one year of the required supervised rehabilitation counseling experience by substituting 30 graduate semester hours beyond the master's degree if those graduate semester hours are clearly related to rehabilitation counseling and are acceptable to the committee. In no case, however, may the applicant have less than one year of supervised rehabilitation counseling experience after the granting of the master's degree; and

    e. Has passed the Certified Rehabilitation Counselor Examination by the Commission on Rehabilitation Counselor Certification.¹

    ¹[3.] 10.¹ (New section) ¹[During the first 360 days after the effective date of this 1995 amendatory and supplementary act, the board shall issue to any individual upon application a professional counselor license, provided that the applicant meets the requirements of subsections a. and b. of section 7 of P.L.1993, c.340 (C.45:8B-40) and the board shall have the power to consider experience of the applicant prior to application for licensure as a waiver of all or part of the supervised experience requirements of subsection c. of that section 7. If the prior experience of the applicant does not meet all the requirements of that subsection c. then the applicant shall be issued an associate counselor license with acceptable experience credited toward the experience requirements of that subsection c. The board shall waive written examination of these applicants, but may require oral or situational examinations, or both.]

    a. The board shall issue to any individual, upon application during the first 360 days after the effective date of this amendatory and supplementary act, a professional counselor license, if the applicant has either:

    (1) completed a minimum of 45 graduate semester hours, which includes a master's degree or doctorate from a regionally accredited institution of higher education, in subject matter that is primarily counseling in content; and has documented five years of experience in the practice of professional counseling acceptable to the committee prior to the date of application for licensure. The board shall waive written examination of these applicants; or

    (2) completed fewer than 45 semester hours, which includes a master's degree from a regionally accredited institution of higher education, in subject matter that is primarily counseling in content; and has documented five years of experience in the practice of professional counseling acceptable to the committee prior to the date of application for licensure. The board shall require that the applicant provide evidence that he has passed the National Counselor Examination of the National Board for Certified Counselors.

    b. The board shall issue to any individual, upon application during the first 360 days after the effective date of this amendatory and supplementary act, a rehabilitation counselor license if the applicant has either:

    (1) completed a minimum of 45 graduate semester hours, which includes a master's degree or doctorate from a regionally accredited institution of higher education, in subject matter that is primarily counseling or rehabilitation counseling in content; and has documented five years of experience in the practice of rehabilitation counseling acceptable to the committee prior to the date of application for licensure. The board shall waive written examination of these applicants; or

    (2) completed a master's degree of fewer than 45 semester hours or bachelor's degree from a regionally accredited institution of higher education in subject matter that is primarily counseling or a related field in content; has documented 10 years of experience, during the last 15 years immediately preceding the enactment date of this amendatory and supplementary act, in the practice of rehabilitation counseling acceptable to the committee; and provides evidence that he has passed the Certified Rehabilitation Counselor Examination by the Commission on Rehabilitation Certification.¹

    ¹11. Section 9 of P.L.1993, c.340 (C.45:8B-42) is amended to read as follows:

    9. The committee shall review the qualifications of each person who applies for licensure. No applicant shall be licensed by the board unless a majority of the full committee first determines that the applicant has met the education and experience requirements and performed satisfactorily on the appropriate examination required pursuant to this act. All applicants who are determined to be qualified and are recommended for licensure by the committee shall be considered for licensure by the board. Licenses shall be issued for a period of two years and may be renewed biennially.

    The committee is authorized to make recommendations to the board with the final decisions to be made by the board. The board is authorized to review the actions taken by the committee with respect to the committee's evaluation and examination of applicants for licensure as licensed professional counselors [or] , licensed associate counselors or licensed rehabilitation counselors but the board may reverse, modify or fail to implement any determination by the committee with an affirmative vote of a majority of the board.¹

(cf: P.L.1993, c.340, s.9)

    ¹12. Section 13 of P.L.1993, C.340 (C.45:8B-46) is amended to read as follows:

    13. The board may grant a license to practice counseling or rehabilitation counseling to any person who at the time of application is licensed or certified by an agency located in another state, territory or jurisdiction, if in the opinion of the committee the requirements of that licensure or certification are substantially similar to the requirements of this act.¹

(cf: P.L.1993, c.340, s.13)

    ¹13. Section 15 of P.L.1993, c.340 (C.45:8B-48) is amended to read as follows:

    15. Nothing in this act shall be construed to apply to:

    a. The activities and services of qualified members of other professions, including physicians, psychologists, registered nurses, marriage and family therapists, attorneys, social workers or any other professionals licensed by the State, when acting within the scope of their profession and doing work of a nature consistent with their training, provided they do not hold themselves out to the public as possessing a license issued pursuant to this act or represent themselves by any professional title regulated by this act.

    b. The activities, services and use of an official title on the part of a person employed as a counselor or rehabilitation counselor by any federal, State, county, or municipal agency; or public or private educational institution, but only when these persons are performing counseling [or counseling-related activities], rehabilitation counseling or activities related to counseling or rehabilitation counseling within the scope of their employment.

    c. The activities and services of a student, intern or trainee in counseling or rehabilitation counseling pursuing a course of study in counseling or rehabilitation counseling in a regionally accredited institution of higher education or training institution, if these activities are performed under supervision and constitute a part of the supervised course of study, and if the person is clearly designated a "Counselor intern" or a "Rehabilitation counselor intern".

    d. The activities and services in this State of a nonresident person rendered on not more than 30 days during any calendar year, if that person is duly authorized to perform those activities and services under the laws of his residence.

    e. The activities and services of a rabbi, priest, minister, Christian Science practitioner or clergyman of any religious denomination or sect, if those activities and services are within the scope of the performance of his regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed with or without charge, for or under auspices or sponsorship, individually or in conjunction with others, of an established and legally cognizable church, denomination, or sect, and when the person rendering the service remains accountable to the established authority thereof.

    f. The activities, services, titles and descriptions of persons employed as professionals or volunteers in the practice of counseling or rehabilitation counseling for public or private nonprofit organizations or charities.

    g. The activities and services of persons employed as peer counselors in organizations devoted to prevention of alcoholism, drug abuse, or relief of emotional effects of rape or other crimes, and telephone "hotline" organizations.¹

(cf: P.L.1995, c.366, s.19)

    ¹14. Section 16 of P.L.1993, c.340 (C.45:8B-49) is amended to read as follows:

    16. Any communication between a licensed professional counselor [or], licensed associate counselor or licensed rehabilitation counselor and the person or persons counseled while performing counseling or rehabilitation counseling shall be confidential and its secrecy preserved. This privilege shall not be subject to waiver, except when disclosure is required by State law or when the licensed professional counselor [or], licensed associate counselor or licensed rehabilitation counselor is a party defendant to a civil, criminal or disciplinary action arising from that counseling or rehabilitation counseling, in which case the waiver of the privilege accorded by this section shall be limited to that action.¹

(cf: P.L.1993, c.340, s.16)

    ¹15. Section 17 of P.L.1993, c.340 (C.45:8B-50) is amended to read as follows:

    17. No licensed associate counselor shall practice without direct supervision by a licensed professional counselor or a supervisor acceptable to the committee. The plan for supervision of the licensed associate counselor shall be approved by the committee prior to any actual performance of counseling by the licensed associate counselor.¹ (cf: P.L.1993, c.340, s.17)

    ²[¹16. Section 20 of P.L.1993, c.340 is amended to read as follows:

    20. This act shall take effect immediately but shall remain inoperative for 180 days [and this act shall expire if any licensed professional counselor or licensed associate counselor or any group thereof, either directly or indirectly, attempts, by any means, to secure mandatory reimbursement by insurers of their services by law, regulation or other means in this State].¹

(cf: P.L.1993, c.340, s.20)]²

    ¹[4.] ²[17.¹] 16.² This act shall take effect immediately.

Modifies licensure requirement for professional counselors and associate counselors and establishes licensure requirements for rehabilitation counselors.